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South Africa decisions
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Maree and Others v Hanaline Boerdery Proprietary Limited (2750/2025) [2025] ZALMPPHC 111 (9 June 2025)
The High Court dismissed an urgent bid to extend time and suspend liquidation proceedings, and placed the respondent under provisional liquidation with a rule nisi.
Breede Valley Onhafhanklik v Speaker of the Breede Valley Municipality and Others (Leave to Appeal) (2613/23) [2025] ZAWCHC 18 (27 January 2025)
The High Court extended time and granted Breede Valley Onafhanklik leave to appeal against dismissal of its review, finding reasonable prospects of success and public interest.
Kidrogen RF (Pty) Ltd v Erasmus and Others (815/2023) [2025] ZASCA 3 (17 January 2025)
Section 8 of the Arbitration Act 42 of 1965 does not apply to disputes that are pre-existing at the time of the arbitration agreement, but only to 'future disputes'. Kidrogen's application for extension of the time-bar was brought only after a final arbitral award had been issued upholding the time-bar defence. The award is final and binding under section 28 and was not impugned or shown to be susceptible to review. Kidrogen freely agreed to the time-bar, was aware of it, and failed to seek extension before the arbitration commenced, despite ample opportunity. Any hardship suffered was self-c…
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MEC for Education North West and Another v Engelbrecht and Others (2516/2022) [2024] ZANWHC 208 (13 November 2024)
The court held that the delivery of a notice of bar by the respondents was not an irregular step, as the Uniform Rules do not provide that a Rule 35(14) notice suspends the time for pleading. The Department ought to have applied for an extension of time to plead or to file its application to compel discovery. The Department's reliance on Sanniegraan was misplaced, as the weight of authority supports the view that the dies for pleading are not suspended by a Rule 35(14) notice. The application to declare the notice of bar irregular was dismissed, but the Department was granted a further ten da…
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Reder Construction (Pty) Ltd v Minister of Public Works and Infrastructure of the Republic of South Africa and Another (4215/2022) [2024] ZAFSHC 300 (17 September 2024)
The court held that COVID-19 lockdown regulations did not create supervening impossibility and ordered payment of the contractor’s claimed additional costs.
Zondi v Registrar of Financial Services Providers and Another (2023/067825) [2024] ZAGPJHC 410 (29 April 2024)
The High Court granted condonation, set aside Aon’s debarment of Ms Zondi for procedural unfairness, and referred the matter back for reconsideration.
V.D.W. v van der Westhuizen Attorneys (5333/2017) [2023] ZALMPPHC 2 (18 January 2023)
High Court granted an extension of time to file an exception and uplifted a notice of bar, finding good cause under Rule 27.
Walking on Water Television (PTY) Ltd v Independent Communications Authority of South Africa and Others (33963/2021) [2023] ZAGPPHC 8 (12 January 2023)
The applicant failed to provide a full and reasonable explanation for the delay in launching the review application, relying only on vague claims of financial incapacity without supporting evidence. The delay of over five years far exceeds the statutory 180-day period, and the interests of justice do not warrant condonation or extension. The delay prejudices other broadcasters and undermines the public interest in the finality of administrative decisions. The application raises no exceptional legal issues and the prospects of success are insufficient to outweigh the delay. Accordingly, the co…
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Special Investigating Unit v Yokulinda and Others (GP/01/2022) [2023] ZAST 1 (3 January 2023)
The Special Tribunal granted the SIU an extension to file review proceedings, revived the preservation order, and dismissed all reconsideration, striking-out, and rescission applications.
Casper Jacobs Konstruksie CC v Minister of Police (28360/2019) [2022] ZAGPPHC 613 (24 August 2022)
The court held that the contractor gave timely notice of delay and was entitled to an extension of time and payment under the construction contract.
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